Patna High CourtCR. MISC./55403/2023bail granted

Kartik Kumar @ Kartik Chaudhary v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55403 of 2023 Arising Out of PS. Case No.-382 Year-2021 Thana- NAWADA District- Nawada ====================================================== Kartik Kumar @ Kartik Chaudhary Son Of Shiv Chaudhary Resident Of Village Aamipur Po And Ps Muffasil Nawada District Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikas Ratan Bharti, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Nawada (Town) P.S. Case No. 382 of 2021 dated 03.04.2021 registered for the offences punishable u/ss 33, 34 and 36 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the informant's husband died due to consumption of spurious liquor which was purchased from the co-accused.

Patna High Court CR. MISC. No.55403 of 2023(2) dt.31-08-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case during the course of investigation. Nothing has been recovered from the possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 03.08.2023 passed in Cr. Misc. No. 45910 of 2023. The petitioner is accused in 19 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 21.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada (Town) P.S. Case No. 382 of 2021 with the condition :- (i) The petitioner is directed to remain physically present before

Patna High Court CR. MISC. No.55403 of 2023(2) dt.31-08-2023 3/3 the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T